LEGAL APPROVAL
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April 29, 1997
100 'E. 'Boynton 'Beadi 'Boukvara
P.O. 'B~310
'Boynton 'Beadi, :Ffmi.tfa 33425-0310
City j{aff: (561) 375-6000
:FJU: (561) 375-6090
Julian Bryan and Associates
756 St. Albans Drive
Boca Raton, Florida 33486
Re:
File No:
Location:
Dear Mr. Bryan,
Grove Plaza
SBTE 97-001
Southeast corner of Hypoluxo Road and Lawrence Road
Enclosed is the City of Boynton Beach Development Order regarding Commission approval of
your request for a one (1) year time extension for subdivision master plan approval and
concurrency to expire March 19, 1998.
Should you have any questions regarding this matter, please feel free to contact this office at
(561) 375-6260.
Sincerely,
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Tambri J. Heyden, AICP
Planning and Zoning Director
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DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
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APPLICANT:
Dr. Walter Lanke and Ms. Alice Fav (Grove Plaza)
APPLICANT'S AGENT:
Julian T Brian III
EARING BEFORE CITY COMMISSION: April 15. 1997
TYPE OF RELIEF SOUGHT: Reauest for a one year time extension for
subdivision master plan approval and concurrency to expire March 19. 1998 for the
Grove Plaza Subdivision Master Plan
LOCATION OF PROPERTY:
Lawrence Road
the southeast corner of Hypoluxo Road and
DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO.
THIS MATTER came on to be heard before the City Commission of the City of
Boynton Beach, Florida on the date of hearing stated above. The City Commission
having considered the relief sought by the applicant and heard testimony from the
applicant, members of city administrative staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner
consistent with the requirements of the City's Land Development Regulations.
2.
The Applitant
..:{. HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The App}lcant's application for relief is hereby
JL GRANTED subject to the conditions marked as "include" in
Exhibit "0 hereto.
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DENIED
4. This Order shall take effect immediately upon issuance by the City Clerk.
5. All further development on the property shall be made in accordance with
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the terms and conditions of this order.
6. Other:
DATED: April 15. 1997
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LOCATION Mf-P
GROVE PLAZA
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EXHIBIT "0"
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Conditions of Approval
Project name: Grove Plaza
File number: SBTE 97-001
Reference: Subdivision Master Plan time extension PlanninQ and Zoninq Department Memorandum No. 97-132.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None
UTI L1TI ES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
DEVELOPMENT DEPARTMENT
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments:
1. It is recommended that the City Commission deny this request for the
following reasons:
a) this property represents speculative development as it has had a
commercial land use designation for almost seven years without 1-/
building construction;
b) the proposed uses do not minimize negative impacts on the "
adjacent large lot, single family neighborhood to the south;
c) the proposed lot arrangement (numbers of lots) and building layout
(lack of unified structures with architectural, landscape and signage
controls) reflects strip commercial and does not employ planning
principles that will ensure an attractive, quality development and,
d) development of this type will encourage similar development on the
vacant parcel on the southwest corner of Lawrence Road and
HYPoluxo Road.
2. If the City Commission approves the subdivision master plan V
extension, it is recommended that the previous conditions of approval
DEPARTMENTS INCLUDE REJECT
and all applicable, current land development regulations apply to the /
project.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS .
3. A one time only, 12 month time extension is recommended. V
ADDITIONAL CITY COMMISSION CONDITIONS
4. To be determined.
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ADDITIONAL CONDITIONS FROM COMMISSION MEETING
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2.
3.
4.
5.
6.
7.
8.
9.
10.
MEETING MINUT '
REGULAR CITY ~~MMISSION
BOYNTON BEACH, FLORIDA
APRIL 15, 1997
Mayor Taylor said he will not support this approval because he is not satisfied with the
applicant's explanation of why this time extension was not filed in a timely manner. He does not
want to restart a precedent of approving these retroactive time extensions. In addition, he is
not comfortable with this financial situation.
Commissioner Tillman agreed with Mayor Taylor's remarks and felt the applicant had a very
cavalier attitude, and he was not comfortable with this request
The motion failed 2-3. (Mayor Taylor and Commissioners Bradley and Tillman dissented.)
C.
Project:
Agent:
Owner:
Location:
Description:
Grove Plaza
Julian Bryan and Associates
Dr. Walter H. Janke and Ms. Alice Fay
Southeast corner of Hypoluxo Road and Lawrence Road
TIME EXPENSION - Request for approval of a one-year time
extension for subdivision master plan approval and concurrency to
expire March 19, 1998.
Susan Delegal, Attorney, represented the petitioner. She introduced Julian Bryan, the
Planning Consultant for the project. This project will be a retail commercial use with lot
coverage of only 8%. There will be six freestanding buildings with a considerable amount of
green space around the project. The TRC and the Planning and Development Board approved
the time extension. The most important reason for the delay relates to the Gateway Boulevard
widening project. Prior to the letting of the contract, there was a restriction with regard to the
amount of square footage that could be built The project can now buildout the entire 35,000
square feet, and the applicant has every intention of proceeding with this project.
Tambri Heyden, Planning and Zoning Director, had no additional comments, but reminded the
Commissioners that the Planning and Development Board unanimously recommended approval
of a 12-month time extension. (Chairman Dube confirmed for the Commission that although
the agenda back-up material noted approval with a 5-2 vote, the vote was unanimous.)
Mayor Taylor referred to the Planning and Zoning Department's Comment #1 on Exhibit "0"
wherein there is a recommendation for denial of this request. However, the TRC recommends
approval. Ms. Heyden explained that the TRC does not look at land use and design issues.
They support this application because it was filed in a timely manner.
Motion
Commissioner Tillman moved to approve Development Plan "C", Grove Plaza, at the southeast
corner of Hypoluxo Road and Lawrence, request for time extension of one year for the
subdivision master plan approval and concurrency to expire March 19, 1998. Vice Mayor
Titcomb seconded the motion.
Vice Mayor Titcomb confirmed with Commissioner Tillman that his motion included the one-time
only condition recommended by the Planning and Development Board, and would exclude the
Planning and Zoning Departments'C'omment #1 as depicted on Exhibit "0".
10
. -----r
MEETING MINUTl
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
APRIL 15, 1997
The motion carried unanimously.
D.
Project:
Agent:
Owner:
Location:
Description:
Crystal Key at Woolbright Place PUD
Kenneth H. Kruger, P. E.
Kennedy Homes
East side of SW 8th Street approximately 2,200' north of
Woolbright Road.
SITE PLAN. Request for site plan approval of a .32 acre
recreation area to include a pool, cabana, and parking facility.
Kenneth H. Kruger, Project Engineer, and Steven Brexel of Kennedy Homes, were present
to represent the petitioner. This site plan is for the recreation area. The recreation
requirements for the parcel have already been met through a donation to the City. This
particular recreation area is above and beyond any of the Ordinance requirements for the
project. This project will include a small parking lot, swimming pool and small cabana with
lighting for the parking lot and landscaping. The applicant concurs with all of the staff
conditions of approval with the exception of Comment #12. Comment #12 was a
recommendation from TRC that the pool be larger. Since there is no requirement for the pool,
and Kennedy Homes feels the pool is of sufficient size, Mr. Kruger requested approval of this
application excluding Comment #12.
Tambri Heyden, Planning and Zoning Director, had no comments on the action taken by the
Planning and Development Board or the staff comments. She explained that this private
recreation area is not required. The recommendation in Comment #12 is in conflict with our
own Codes. She does not recommend including it.
Commissioner Jaskiewicz expressed her opinion that she would like to have seen more grass
and landscaped areas.
Motion
Vice Mayor Titcomb moved to approve Agenda Item IX-D, site plan request for recreation
facility at Crystal Key at Woolbright Place PUD, subject to staff comments with the exception of
Comment #12 of Exhibit "C.. Commissioner Bradley seconded the motion which carried
unanimously.
E.
Project:
Agent:
Owner:
Location:
Description:
Hampton Inn at Quantum Corporate Park
George F. White A. I. A. and Associates, Inc.
Boynton Beach Hospitality, Inc.
Northwest corner of Gateway Boulevard and the E-4 Canal
SITE PLAN. Request for site plan approval to construct a 65,816
square foot (107 rooms) hotel complex on a 3.57 acre lot (Lot 1)
in Quantum Corporate Park.
Chip Carlson, representing BOYllton Beach Hospitality Inc., introduced Mike Pinocos,
President of Boynton Beach Hospitality Inc., George White, the architect, and Kevin Hall, the
11
--T---
MINUTES __
PLANNING AND DEVELOP. .NT BOARD MEETING
BOYNTON BEACH, FLORIDA
APRIL 8, 1997
Motion
Mr. Rosenstock moved to deny this time extension as requested for the Brisson Medical
Building located at 305 S.E. 23fd Avenue. Mr. Aguila seconded the motion.
Mr. Reed did not see any convincing rationale for approving this time extension.
Mr. Rosenstock did not think there would be a problem approving a time extension if
the applicant had a letter of commitment from a bank or financial institution showing
that the financing is in place.
The motion carried unanimously.
Consensus
With regard to the request for direction in the first paragraph on page 2 of Planning and
Zoning Department Memorandum No. 97-129, it wa's the consensus of the board that
retroactive time extensions should not be approved.
2.
Project:
Agent:
Owner:
Location:
Description:
Grove Plaza
Julian Bryan and Associates
Dr. Walter H. Janke and Ms. Alice Fay
Southeast corner of Hypoluxo Road and
Lawrence Road
Request for approval of a one (1) year time
extension for subdivision master plan approval
and concurrency to expire March 19, 1998.
Attorney Jerry Nide represented the applicant and advised that this request for an
extension is timely. The reason for the delay in getting this project going had to do with
concurrency. He recently received a letter dated March 24, 1997 from the Palm Beach
County Department of Engineering and Public Works stating that the contract for the
widening of Gateway Boulevard from Congress Avenue to Military Trail has now been
awarded and this project meets the traffic performance standards of Palm Beach
County. Mr. Nide said the phasing of this project was tied to the widening of Gateway
Boulevard. There were also problems with respect to getting sewer and drainage to the
site. The applicant is in the process of actively continuing the platting process and is
negotiating contracts with parties who are interested in this site.
Chairman Dube pointed out that the Planning and Zoning Department recommended
denial of this request based on four reasons. Mr. Nide and Mr. Bryan addressed those
reasons as follows:
4
MINUTES
PLANNING AND DEVELOPIl ~T BOARD MEETING
BOYNTON BEACH, FLORIDA
APRIL 8, 1997
. Staff Comment: This property represents speculative development as it has had a
commercial land use designation for almost seven years without building
construction.
Mr. Nide stated that when this property was annexed into the City, it was given a local
retail commercial land use designation because this parcel possessed a County
commercial low land use plan designation and because the narrow configuration of the
parcel would make residential development of the property very difficult. Mr. Nide
stated that the comments refer more to the merits of the master plan than to the request
for an extension.
At this time, Chairman Dube welcomed Mayor Jerry Taylor to the meeting.
. Staff Comment: The proposed uses do not minimize negative impacts on the
adjacent large lot, single family neighborhood to the south.
Mr. Nide stated that there is approximately 29,000 square feet of building area. On an
8+ acre site like this, you would typically see something in the range of 80,000 square
feet of retail. Therefore, this is substantially lower than what can possibly go on this site
in terms of retail development. This site was master planned to limit access to the
adjacent roadways, limit the impact on the adjacent roadways, and limit the curb cuts.
It is a low intensity development. When this project was first approved, there was a
condition of approval that at the time site plans are brought in for the individual parcels,
detailed site development regulations will be provided to govern architectural features,
access, lighting, design, etc. All of this will be master planned so there is a similar
theme regarding development of the property.
. Staff Comment: The proposed lot arrangement (numbers of lots) and building layout
(lack of unified structures with architectural, landscape and signage controls) reflects
strip commercial and does not employ planning principles that will ensure an
attractive, quality development.
Julian Bryan, Planning Consultant for this project, was not certain what the basis for
these comments were. He called staff several times; however, the Director has not
been able to return his calls over the last month and a half. He stated that this is the
same staff who reviewed this 18 months ago and did not have these comments. He
went through three TRC meetings regarding site planning issues. such as the rear
access drive that connects all six building pad sites and parcels. the location of access
points onto Hypoluxo Road, the placing of a wall along the rear property line, the
significantly greater building setbacks that are presently required by Code, etc. There
are general notes on the plan representing that the first site plan would be the one that
5
MINUTES
PLANNING AND DEVELeJ. MENT BOARD MEETING
BOYNTON BEACH, FLORIDA
APRIL 8, 1997
would establish the design guidelines, architectural elevation, building colors, textures,
roof details, signage, and uniformity of landscaping. The applicant recognized that
there needs to be a property owners association that will maintain the common
elements. Not only has this site been significantly underutilized, but the applicant has
provided additional safeguards with additional setbacks, wider landscape buffers, and
placed the dumpsters about 60 feet away from the property line to try to minimize odor.
All of the dumpsters are set up so that they work in one direction.
. Staff Comment: Development of this type will encourage similar development on
the vacant parcel on the southwest corner of Lawrence Road and Hypoluxo Road.
Mr. Bryan felt it would be good if the southwest corner was developed similarly. The
large national franchise people are going more often to freestanding sites. This would
provide an opportunity to have a group of freestanding sites with control and internal
circulation. There will be cross access easement~ internally for all vehicular access.
There is an opportunity to go from one site to another without going on the street. You
can go from the residential development area south on Lawrence Road into the site
without going on Hypoluxo Road and going through the' intersection.
Mr. Nide advised that he had no objection to staff comment 2.
Mr. Myott pointed out that the general notes mention similar exterior colors; however,
they do not mention textures, signage, or similar architectural forms or elements that tie
the site together. Mr. Nide stated that approval of the master plan was conditioned
upon brif'lging in site development criteria, guidelines, or standards that would govern
the development of the site at the time the applicant comes back with the first site plan.
Mr. Aguila wanted continuity of architectural style and he wanted all tenants to abide by
it, regardless of their corporate identity. Mr. Nide stated that he recently worked on a
similar situation in the City of Sunrise and developed guidelines that had a palette of
colors that were complimentary to each other, architectural styles that were
complimentary, and signage guidelines that were complimentary but would still
accommodate the unique requirements of the individual tenants to a degree.
Mr. Aguila stated that the two easternmost parcels are restaurants. Restaurants have
unique requirements such as loading, can washing, and cooler placement. He asked if
the applicant is confident that he is going to be able to isolate the smelly and noisy
activities from the residential to the south and other parcels. Mr. Bryan answered
affirmatively. He pointed out that the setback on the easterly structures is about 90 feet
from the south property line. This provides an opportunity to create a substantial area
north of the rear access road that connects the six parcels. This is one reason why the
6
MINUTES
PLANNING AND DEVELOPMEr BOARD MEETING
BOYNTON BEACH, FLORIDA
APRIL 8,1997
applicant placed the dumpsters to the greatest extent possible on the north side of that
road.
Mr. Aguila asked when the road work will be finished. Mr. Nide did not know.
Mr. Aguila wondered if the applicant will return to this board if this work takes more than
a year. Mr. Nide advised that the issue that solves the concurrency problem and allows
the applicant to go to the next phase of the development is the actual letting of the
contract. He did not think the applicant has to wait for the actual construction.
Motion
Mr. Aguila moved to approve the request for a one time only 12 month time extension
for the Grove Plaza project located at the southwest corner of Hypoluxo Road and
Lawrence Road, subject to all staff comments. Mr. Elsner seconded the motion, which
carried unanimously.
8. Site Plans
New Site Plan
1.
Project:
Agent:
Owner:
Location:
Description:
Crystal Key at Woolbright Place PUD
Kenneth H. Kruger, P.E.
Kennedy Homes
East side of S.W. 8th Street approximately
2,200 feet north of Woolbright Road
Request for site plan approval of a .32 acre
recreation area to include a pool, cabana and
parking facility.
Kenneth Kruger, Engineer for Kenneth Homes, agreed to all the conditions of approval
in Exhibit "C" except 12, and requested clarification of 13. Number 12 is a
recommendation only. The developer posted an amount of money to the City in lieu of
having to put any kind of recreation area in this project. He is providing the recreation
at his option. Kennedy Homes has built a number of communities throughout Palm
Beach. Broward, and Dade Counties and is familiar with what makes a successful
community. In addition, the single family lots are of sufficient size so that small
swimming poolS can be built by the individual homeowners.
Mr. Myott asked if staff based this recommendation on the Swimming Pool Code.
Mr. Haag advised that the Development Department felt that the size of the pool is
similar to a single family residential size pool and seems too small to offer as an
7